A/HRC/37/50/Add.2
78.
As to claims in Paragraph 51 of the Report with regard to “contagious diseases,
HIV/Aids and drug addictions”, the Government would like to convey that in penitentiary
institutions, the convicts and detainees are vaccinated by family physicians. All convicts
and detainees in closed penitentiary institutions are screened for tuberculosis at least once a
year and also every convict and detainee who have been in the penitentiary institution
recently are examined. Those who have been diagnosed with tuberculosis are referred to
the related health institutions.
79.
Inmates who have tuberculosis are ensured to inhabit in certain areas (such as
infirmaries) for a period of time which the doctor in charge determines.
80.
Also, supervision of the penitentiary institutions in terms of sanitary conditions are
executed periodically by local health authorities and a copy of the report is submitted to the
related chief public prosecutor’s office.
81.
In the event that a convict or detainee informs about having a contagious disease in
the first admission, or a diagnosis report regarding the disease is recorded in health file, or
the disease is diagnosed with analyses and examinations after being accepted to the
institution, the cases fall into category of notifiable diseases according to the Article 57 of
Law No: 1593 Public Health Law (such as AIDS, acute bloody diarrhea, whooping cough,
brucella, diphtheria, gonorrhoea, mumps, measles, rubella, cholera, rabies, tetanus, polio,
malaria, syphilis, anthrax, typhoid fever, tuberculosis, H1N1 and acute viral hepatitis) the
Department of District Health Group and Local Health Authorities are notified by the
physician/dentist, health officer, other health personnel or institution manager in charge of
the penitentiary institution. The required treatment starts immediately and all measures with
a view to preventing the spread of the disease are taken urgently.
82.
In this context, if an inmate is diagnosed with a contagious disease as she or he is
examined in the infirmary of the penitentiary institution, he or she is immediately referred
to a healthcare organization where a specialist physician is present for further examination
and treatment. Their treatment and controls are made regularly, every phase of the disease
is carefully followed in accordance with the medical requirements and legislation.
Counter-terrorism law and decree
83.
As to claims in Paragraph 69, the Government would like to clarify that the Law
6722 does not grant any immunity for any law enforcement official. It only requires the
permissions of the competent administrative authorities before criminal investigations for
the law enforcement forces and other civilians taking part in counter-terrorism operations
for the suspected offences that might have been committed while carrying out their duties.
84.
The exclusion is not a blanket of liability. The prosecutors are able to investigate the
suspected offences after getting the permission. If the permission is not granted, the
prosecutors or other relevant parties (victims, lawyers etc) have a right to appeal to the
administrative court against the decision.
Lack of review of emergency decrees and related human rights violations
85.
In Paragraph 83. it is claimed that “......Since the Special Rapporteur's visit, the
Constitutional Court reviewed a number of cases and concluded that it was not competent
to receive the complaints because legal remedies had not been exhausted."
86.
The Government would like to bring to the attention that the Constitutional Court
reviewed a number of cases on State of Emergency measures and administrative acts and
found those complaints inadmissible because legal remedies had not been exhausted. As far
as the individual applications are concerned the Constitutional Court has not concluded that
it was not competent to receive any complaints.
11
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